ORAL EXAMINATION OF PRISONERS ORDINANCE, 1873

ORAL EXAMINATION OF PRISONERS ORDINANCE, 1873

ORDIANCNE NO. 5 OF 1873.

Oral Examination of Prisoners Ordinance, 1873.

AN ORDINANCE to provide for the Oral Examination of Prisoners.
[7th April, 1874]
WHEREAS it is expedient to further amend the law of evidence
and to provide for the oral examination of prisoners:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1. This Ordinance may be cited as the Oral Examination of Prisoners
Ordinance, 1873.
2. On the inverstigation or hearing by any police magistrate of any
case in which any person is accused of the commission of any criminal
offence, the Magistrate may, if he thinks fit, from time to time, at any
stage of the inquiry and without previously warning the accused person,
examine him, and put such questions to him as he thinks necessary.
3.-(1.) whenever any accused person is examined by a Police Ma-
gistrate, the whole of such examination, including every question put to
him and every answer given by him, shall, where such accused person
is or is about to be committed for trial at a criminal session of the
supreme court, be recorded in full and shall be shown or read to him, and he shall be at liberty to explain or add to his answer.
(2) When the whole is made conformable to what he declares is the
truth, the examination shall be attested by the signature of the Magistrate,
who shall certify under his hand that it was taken in his presence and
in his hearing and contains accurately the whole of the statement made
by the accused person.
(3) the accused person shall sign or attest by his mark such record.
4. the judge presiding at any criminal session of the supremem
court may, if he thinks fit, from time to time, at any stage of the trial,
examine the accused person, and may in like manner questin hime generally
onthe case after the witnesses for the prosecution have been
examined and before he enters upon his defence.
5. The accused person shall not be liable to any punishment for refusing
to answer or for answering falsely any question asked under section
2 or section 4, but the magistrate or the court shall draw such inference
as may seem just from such refusal.
6. No influence by means of any promise or threat or otherwise shall
be used to the accused person to induce him to disclose or to withhold
any matter within his knowledge.
7. No oath or affirmation shall be administered to the accused person.
A.D.1873. Ordinance NO. 18 of 1873. Short title. Examination of accused person by Magistrate. Indian Crim. Proc. Code, s. 193. Recording of examination of accused person. Ib.s.346. Examination of accused person by Judge. Indian Crim. Proc. Code, s. 250.
Refusal of accused person to answer, etc. Ib.s. 343.
Prohibition of influence being used. Ib.s.344.
Prohibition of oath. Ib.s.345.

A.D.1873. Ordinance NO. 18 of 1873. Short title. Examination of accused person by Magistrate. Indian Crim. Proc. Code, s. 193. Recording of examination of accused person. Ib.s.346. Examination of accused person by Judge. Indian Crim. Proc. Code, s. 250.
Refusal of accused person to answer, etc. Ib.s. 343.
Prohibition of influence being used. Ib.s.344.
Prohibition of oath. Ib.s.345.

https://oelawhk.lib.hku.hk/items/show/589

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